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Equal Employment Opportunity Commission v. Consolidated Service Systems | 989 F.2d 233 (7th Cir. 1993)
A small janitorial business owned by a Korean immigrant was staffed almost entirely by fellow Korean immigrants. Was this employment discrimination? That was the question in Equal Employment Opportunity Commission versus Consolidated Service Systems.
Mr. Hwang was a Korean immigrant who owned Consolidated Service Systems, a cleaning and janitorial service company in Chicago. Hwang generally didn’t bother to advertise jobs. Instead, members of the Korean immigrant community heard about the company from existing employees. These prospective employees approached Hwang on their own at work or social events. As a result, most of Consolidated’s employees and job applicants were Korean.
Hwang once ran an ad in a Korean newspaper and twice purchased advertisements in the Chicago Tribune, seeking employees for a contract he thought Consolidated would get. However, Consolidated didn’t receive the contract, and Hwang made no hires based on these newspaper ads.
The Equal Employment Opportunity Commission sued Consolidated, alleging discriminatory hiring in violation of Title Seven of the Civil Rights Act of Nineteen Sixty Four. It pointed out that seventy three percent of Consolidated’s job applicants and eighty one percent of its employees were Korean. At the time, Cook County’s population was less than one percent Korean. The commission cited this disparity as evidence of intentional discrimination in favor of Korean job applicants. The district court found no evidence of disparate treatment under Title Seven and dismissed the case. The commission appealed to the Seventh Circuit.
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